Ford Motor Co. v. McCauley, et al.
October 7, 2002 (01-896)
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Case Summary
Credit card holders brought a nationwide class action alleging that the card issuers, Ford and Citibank, misrepresented or withheld information about the nature and duration of a rebate program. The plaintiffs sought relief in the form of specific performance, disgorgement, and compensatory and punitive damages. The district court judge raised, sua sponte, the issue of whether the complaint alleged more than $75,000 in controversy in order to satisfy the requirements for diversity jurisdiction under 28 U.S.C. 1332(a). The Ninth Circuit Court of Appeals held that the amount in controversy requirement could not be satisfied by the defendants' anticipated costs of complying with an injunction sought by the class. The Ninth Circuit opinion is found at 264 F.3d 952.

To see the opinion of the lower court, click here.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
8-1 to Reverse 6-3 to Reverse 7-2 to Affirm 6-3 to Reverse Dismissed
VOTING TO REVERSE
Stevens
O'Connor
Souter
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Souter
Ginsburg
Breyer
Stevens
Ginsburg
Rehnquist
O'Connor
Scalia
Kennedy
Thomas
Breyer
Dismissed as improvidently granted.
VOTING TO AFFIRM
Rehnquist Scalia
Kennedy
Thomas
Rehnquist
O'Connor
Scalia
Kennedy
Souter
Thomas
Breyer
Stevens
Souter
Ginsburg
 

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